Legal Consequences Of The Expiration Of The Term Of Use Of Construction Land

The system of the right to use construction landis typical in China, whose provisions are defective.Thus, it leads a series of problems after the expiration. Property Lawstates that the right to usetheconstructionland can be renewed after expiring ineither an automatic way or via application.The former way is for theresidential construction land, and the latter is for thetype of non-residential construction land.However, the provisions above are not always available to confirm the relevant issues in practice such as the duration of the renewal, the necessity of the payment of the land use fee, the ownership of the buildings based on the land and, the compensation when the governmentwithdraws the buildings on the land. The relevant laws of China avoid those disputes on purpose. The first relevant case occurred in a residential area called Alishan,Qingdao 6 years ago,which has got no effective measures to deal with the problem while the district residents housing ownership is not guaranteed. As a real estate, houses are the most valuable property of individuals and arecrucial in citizens’ personal lives. If citizens’housing ownership is in danger, it will lead the instability of the whole society. As for non residentialland, China’s laws provide various durations of the right to use such as forty years and fifty years i.e.A lot of commercial lands involve expiration problems after a short duration, so it will not be attractive for investors who persuade interest without scientific and systematic provisions.If they are informed thatbuildings bind with the may be withdraw which may probably leads to the inappropriate use and even the destruction of land and housing situation, whichdecreasesthe resources and the value of the land.As a result, China’s relevant laws will have to face the problem of dealing with the post-expiration issues in order to safeguard the interests of the legitimate property of citizens. This article discusses the legal consequence of the construction land use rights after expiration, andthe perfection of this system, which can be divided into four parts. Analysis of the legal consequences of the first part of the article. First of all, a thorough analysis of the existing at the expiration of the period for several cases in our country, points out that the social reality of the urgent. Secondly, the existing relevant laws and regulations are analyzed, pointing out the defects and shortcomings. Finally, analysis of the reasons for lack of relevant laws and regulations; the second part is the foreign related laws and regulations as well as the reference, is right in this part of the continental law system on the analysis and reference, specific analysis of the France, Germany, Japan and Taiwan in four countries, in addition to the land leasing system in Hongkong the third part analyzes the reference; the right to use the land for the expiration of the period of recovery and renewal for the construction, in this part to recover the system, automatic renewal of residential land, residential land for non renewal, renewal, the rules of land use fee and land ownership of houses in China the opinions of the scholars has carried on the analysis, and put forward their own point of view; the fourth part is the legislative principles and suggestions. This part of the land is divided into three aspects of residential, non residential and commercial development of the right to use construction land expiration system put forward the principles and recommendations to improve.